Wage & Hour

When litigation arises, we are aggressive and strategic advocates. We defend employers in complex wage and hour class and collective actions. While plaintiffs’ counsel often rely on boilerplate complaints, we tailor our defense strategy to each client’s unique business model, asking the right questions and crafting a litigation plan that aligns with their goals and risk tolerance.

Our team has a strong track record of success in defeating class certification, securing summary judgment, and achieving favorable resolutions in cases involving:

• Exempt employee misclassification
• Independent contractor misclassification
• Regular and overtime pay miscalculations
• Missed meal and rest periods
• Unreimbursed business expenses

We guide clients through every stage of litigation, from early case assessment to resolution, providing clear, business-focused advice on strategy, exposure, and next steps.

Beyond litigation, we help clients stay ahead of potential issues through proactive compliance counseling. We assist with internal audits, policy development, and training to ensure wage and hour practices are not only legally sound but also support a productive and engaged workforce. Whether advising on day-to-day employee issues, supporting global workforce compliance, or navigating wage and hour implications in corporate transactions, our team delivers practical, forward-thinking solutions.

Backed by the resources of a full-service firm, we offer seamless support across employment, corporate, and regulatory matters—helping our clients protect their business, their people, and their reputation.

• Defeated class certification on claims that a national insurance company was the “joint employer” of its vendors’ property inspectors, did not pay for all time worked, denied them meal and rest periods, and provided inaccurate wage statements. After showing the plaintiffs could not establish the elements for class certification, reduced the case to just four plaintiffs and obtained an award of summary judgment as to those four individuals.
• Defeated class certification of claims brought against an ambulance industry client claiming it did not provide adequate meal and rest breaks to paramedics. Convinced the court to strike Private Attorneys General Act representative claims as unmanageable, and then persuaded the court of appeal to dismiss the plaintiff’s appeal of those rulings.
• Defeated class certification of claims for unpaid wages, missed meal and rest periods, and inaccurate wage statements brought against a residential housing client. By showing the plaintiff could not establish the elements of class certification, reduced the matter to a single-plaintiff case, which he then convinced plaintiff to dismiss voluntarily.
• Obtained summary judgment in a class action brought against a temporary staffing company where the plaintiff claimed the temporary staffing company was vicariously liable for alleged wage and hour violations of its client. Arguments were upheld on appeal, establishing a precedent in California that alleged “joint employers” are not liable for each other’s alleged wage and hour violations.
• Defeated class certification where the employee claimed that a nationwide apartment- complex employer failed to pay him overtime and minimum wages for alleged off-the-clock work and also failed to provide him compliant meal and rest breaks.
• Defeated class certification where the employee claimed that a fast food franchisee- employer failed to provide shift leaders and assistant managers with minimum and overtime wages for alleged off-the-clock work, meal and rest breaks, wages due at termination, reimbursement for company-required safety footwear, and accurate paystubs.
• Defeated class certification where the employee claimed that a retail store employer failed to provide hourly employees with reimbursement for mileage commuting to work, meal breaks, rest breaks, minimum wages and overtime wages for alleged off-the-clock work, time spent commuting, accurate paystubs, and all wages due at termination.
• Successfully compelled arbitration on behalf of a fast food franchisee-employer of an employee’s individual wage and hour claims while simultaneously forcing dismissal of class and Private Attorney General Act (“PAGA”) representative claims.
• Successfully compelled arbitration of an employee’s disability discrimination and wage and hour claims, where the employee claimed that an employer waived its right to seek arbitration because the employer did not immediately request arbitration and had engaged in discovery.
• Obtained a complete defense judgment at trial in San Bernardino Superior Court against the Labor Commissioner and a former employee asserting wrongful termination, disability discrimination, and wage and hour claims arising from employee’s contention that hours of daily breaks should have been compensated.
• Obtained a walk-away before AAA in Los Angeles from an employee asserting pregnancy disability, discrimination, and wage and hour claims through deft cross-examination and subsequent threats of sanctions.
• Represented a transportation firm before the New York Court of Appeals and the U.S. Court of Appeals for the Second Circuit, which affirmed the dismissal of a wage and hour lawsuit based on res judicata.
• Defended a food services company against wage and hour claims before the U.S. District Court for the Eastern District of North Carolina, obtaining a favorable settlement.
• Secured a complete defense verdict in a Private Attorneys General Act trial involving claims that an auto dealership’s pay plan unlawfully borrowed from bonuses to pay minimum wages, violating California Labor Codes. The case spanned five years, culminating in an eight-day bench trial in Ventura County Superior Court that ended in a rare complete defense verdict in a PAGA case.
• Successfully defended a global IT consulting company in a wage and hour class action alleging overtime misclassification in the Central District of California, resulting in decertification of collective action and denial of class certification.
• Obtained decertification of conditionally certified class and denial of Rule 23 class certification of putative nationwide call center off-the-clock lawsuit.
• Defended the subsidiary of a major consumer products company in a federal district court class action claiming unpaid overtime and travel expense reimbursement violations. After challenging whether common issues of fact existed among the class members, plaintiffs waived the deadline for filing motion to certify the class and filed a separate action for 52 other individuals in California Superior Court. After the state case was removed to the federal district court, 62 individual plaintiffs agreed to a settlement on terms favorable to the defendants.
• Defended a retailer in a class action claim alleging misclassification of store managers and assistant managers, failure to pay overtime, and failure to provide meal and rest periods. Successfully opposed certification of meal period class and led an eight-day bench trial resulting in a reduction of the class size by approximately 60 percent.
• Defended a national nurse staffing company in a class action involving over 3,500 nurses alleging failure to pay overtime, improper pay practices, and meal period violations. Litigated case to the point of settlement on terms acceptable to the client.
• Defended a video game production company in a class action in San Diego Superior Court alleging misclassification, failure to pay overtime, inaccurate wage statements and Section 17200 claims. Settled before class certification hearing.
• Defended a fundraising organization in a class action in San Francisco Superior Court alleging failure to deliver final paychecks on time and various penalty claims. Settled in mediation before class certification hearing.